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[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Proposed Rules]
[Pages 15171-15173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06373]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / 
Proposed Rules

[[Page 15171]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3781; Directorate Identifier 2015-SW-048-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Agusta S.p.A. (Agusta) Model A109A, A109A II, A109C, A109E, A109K2, 
A109S and AW109SP helicopters. This proposed AD would require visually 
inspecting the tail rotor drive shaft assembly (drive shaft) for a 
crack. This proposed AD is prompted by the discovery of three cracks on 
the drive shaft of a Model A109S helicopter. The proposed actions are 
intended to detect a crack on the drive shaft to prevent failure of the 
driveshaft, failure of the tail rotor, and subsequent loss of 
helicopter control.

DATES: We must receive comments on this proposed AD by May 23, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3781; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the European Aviation Safety Agency (EASA) 
AD, the economic evaluation, any comments received, and other 
information. The street address for the Docket Operations Office 
(telephone 800-647-5527) is in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact 
AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 
Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-
664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
martin.r.crane@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the aviation authority for Italy, has issued AD No. 
2015-0054, dated March 27, 2015, to correct an unsafe condition for 
Model A109A with retrofit kit part number 109-0820-27-101 installed, 
and Model A109A II, A109C, A109E, A109K2, A109LUH, A109S, and AW109SP 
helicopters.
    EASA advises that during scheduled maintenance on a Model A109S 
helicopter, three cracks were found on the drive shaft. An 
investigation could not determine the cause of the cracking but 
concluded it could not have been caused by fatigue. This condition, if 
not detected and corrected, could lead to tail rotor failure, possibly 
resulting in loss of helicopter control, EASA advises. EASA AD No. 
2015-0054 consequently requires a one-time inspection of the drive 
shaft, and replacing the drive shaft if cracks are found.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed AgustaWestland Bollettino Tecnico (BT) No. 109-147 for 
Model A109A helicopters with retrofit kit P/N 109-0820-27-101 
installed, Model A109A II, and Model A109C helicopters; BT No. 109EP-
143 for Model A109E helicopters; BT No. 109K-68 for Model A109K2 
helicopters; BT No. 109S-067 for Model A109S

[[Page 15172]]

helicopters; and BT No. 109SP-094 for Model AW109SP helicopters. All of 
the BTs are dated March 25, 2015. AgustaWestland reports that during a 
scheduled servicing of an A109S helicopter, three cracks were found on 
drive shaft P/N 109-8412-02-1. The BTs prescribe a one-time drive shaft 
inspection for cracks.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service, 
visually inspecting the drive shaft for a crack and replacing the drive 
shaft if it is cracked.

Differences Between This Proposed AD and the EASA AD

    The EASA AD applies to Agusta Model A109LUH helicopters. This 
proposed AD would not because that model does not have an FAA type 
certificate.

Interim Action

    We consider this proposed AD to be an interim action. The design 
approval holder has not determined the cause of the unsafe condition 
identified in this proposed AD. If a cause is determined and actions 
developed to address the cause, we might consider additional 
rulemaking.

Costs of Compliance

    We estimate that this proposed AD would affect 142 helicopters of 
U.S. Registry and that labor costs average $85 per work-hour. Based on 
these estimates, we expect the following costs:
     Inspecting the drive shaft would require 9 work-hours and 
no parts. The estimated cost would be $765 per helicopter and $108,630 
for the U.S. fleet.
     Replacing the drive shaft would not require additional 
labor hours. Parts would cost $6,082 per helicopter.
    According to Agusta service information, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage by 
Agusta. Accordingly, we have included all costs in our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Agusta S.p.A.: Docket No. FAA-2015-3781; Directorate Identifier 
2015-SW-048-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109A, A109A II, A109C, 
A109E, A109K2, A109S, and AW109SP helicopters with a tail rotor 
drive shaft assembly (drive shaft), part number 109-8412-02-1 or 
109-8412-02-3, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a drive 
shaft. This condition could result in failure of a drive shaft, 
failure of the tail rotor, and subsequent loss of helicopter 
control.

(c) Comments Due Date

    We must receive comments by May 23, 2016.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Within 50 hours time-in-service:
    (1) Visually inspect each drive shaft in accordance with the 
Compliance Instructions, paragraph 4, of AgustaWestland Bollettino 
Tecnico (BT) No. 109-147, dated March 25, 2015; BT No. 109EP-143, 
dated March 25, 2015; BT No. 109K-68, dated March 25, 2015; BT No. 
109S-067, dated March 25, 2015; or BT No. 109SP-094, dated March 25, 
2015, as applicable for your model helicopter.
    (2) If there is a crack, replace the drive shaft before further 
flight.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Martin R. Crane, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (EASA) AD No. 2015-0054, dated March 27, 2015. You may view 
the EASA AD on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2015-3781.

[[Page 15173]]

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6510, Tail Rotor 
Drive Shaft.

    Issued in Fort Worth, Texas, on March 15, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-06373 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-13-P
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